« Ind. Courts - "Expecting jurors not to be tempted by a mountain of information just fingertips away is a national issue, one local court officials must deal with as well" | Main | Courts - South Bend's John Adams High School wins national mock trial competition in Atlanta »
Monday, May 11, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/11/09):
Thursday, May 14th
- 9:00 AM - Cornelius Cooper v. State of Indiana - The Marion Superior Court revoked Cooper's probation, and several months later denied Cooper's motion to reconsider. In this appeal from the denial of the motion to reconsider, the Court of Appeals reversed and remanded, finding Cooper is entitled to a probation revocation hearing. Cooper v. State, 894 N.E.2d 993 (Ind. Ct. App. Oct. 6, 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See ILB summary of Oct. 6, 2008 COA opinion here, 2nd case.]
- 9:45 AM - Clay City Consol. Sch. Corp. v. Ronna Timberman - Ronna Timberman and John Pipes II filed a child wrongful death action against the Clay City Consolidated School Corporation after their thirteen-year-old child collapsed during basketball practice and died. A jury returned a verdict for the parents. The Court of Appeals reversed and remanded for a new trial. Clay City Consol. Sch. Corp. v. Timberman, 896 N.E.2d 1229 (Ind. Ct. App. Dec. 2, 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See ILB summary of Dec. 2, 2008 COA opinion here, 2nd case.]
- 10:30 AM - In re Termination of the Parent-Child Relationship of J.M. - The Allen County Department of Child Services filed a petition to involuntarily terminate the parental rights of J.M.'s mother and father, who at the time were both incarcerated. The court denied the petition to terminate parental rights. The Court of Appeals reversed. In Re Termination of the Parent-Child Relationship of J.M., 895 N.E.2d 1228 (Ind. Ct. App. 2008), vacated. Father petitioned for rehearing on grounds he recently was released from prison. The Court of Appeals denied rehearing. Id., Cause No. 02A05-0807-JV-416, unpublished order, (Ind. Ct. App. Jan. 6, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See ILB summary of Nov. 5, 2008 COA opinion here - 3rd case. Also, Nov. 7th press story here and Nov. 11th editorial here. Note: Both Appellees A.S. and A.M. were granted transfer.]
Next week's oral arguments before the Supreme Court (week of 5/18/09):
- None currently scheduled.
ALL Supreme Court oral arguments are videocast and accessible here, unless otherwise noted.
This week's oral arguments before the Court of Appeals (week of 5/11/09):
Thursday, May 12th:
- 10:30 AM - Carlton Davis vs. State of Indiana - While Carlton Davis was out of town, local police received a call from a neighbor concerning a foul stench emanating from Davis's property as well as the health of the numerous dogs on the property. The responding officer walked the property and found what was later determined to be an animal carcass in the bed of a pickup truck on the property. He also found twelve dogs that appeared to be malnourished and chained outside without food or water. The officer called his superior, who in turn called the local police investigator specializing in animal abuse. When the investigator arrived, she walked the property and interviewed neighbors. She then used this information to obtain a warrant to seize the dogs and search the house, a red shed and a white building on the property. Evidence from this search was used in a jury trial that resulted in convictions against Davis for eight counts of Promoting Animal Fighting Contests, twelve counts of Cruelty to an Animal, Purchasing or Possessing an Animal for an Animal Fighting Contest, and Possession of Animal Fighting Paraphernalia. Davis argues on appeal that the trial court erred in admitting the evidence from the search because the search warrant was invalid for several reasons; one being that the investigator searched his property in violation of his Fourth Amendment rights. He also challenges the admission of other evidence based on Trial Rule 404(b), evidence of other crimes, wrongs or acts.. The Scheduled Panel Members are: Judges Bailey, Mathias and Barnes. [Where: Court of Appeals Courtroom - Webcast (which will be accessible here)]
Next week's oral arguments before the Court of Appeals (week of 5/18/09):
- None currently scheduled.
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on May 11, 2009 08:28 AM
Posted to Upcoming Oral Arguments